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Home My WebLink About#2806-after fact ariances-1990 . � � , - � 569333'� - Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2806 �,; , , . , • - • a : �,;� , , . , A RESOLOTION GRANTING �•-- - � AFTBR-THE-FACT VARIANCES TO MDNICIPAL ZONING CODE S$CTION 10.22, SIIBDIVISIONS 1 � 2 FILE #1483 WHEREAS, Harold and Merle Vogt (hereinafter "the applicants") are the owners of the property located at 1342 Rest Point Circle within the City of Orono (nereinafter "City"3 ar�d lega l ly described as Lot 10, Rest Point Park together with the Southwesterly half of public right-of-way vacated adjoining said Lot 10, Hennepin County, Minnesota (hereinafter "the property"); and WHER$AS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow structural repairs to an accessory structure consisting of a deck addition to the lakeside of the structure located 4' feet from the shoreline, and 6' from the west side lot line, and other structural and non-structural repairs to the accessory structure located within the 0-75' lakeshore protecte area where no structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1483 . 2. The property is lacated in the LR-1B Single Family Lakeshore Residential Zoning District, as such the property is subject to all pertinent lakeshore regulations that govern development within the zoning district. 3. The structure was constructed some time in the early 1950s serving as a boathouse and storage area. The current pattern of use of the structure is for storage in the lower area and as a three season porch in the upper level. 4 . The structure serves as an accessory use to the principal residence as structure contains no plumbing or heating. Page 1 of 5 !�f�'� �M,. � ., i� b:,•'/_'%'�J y�,J✓:: C�t of OR�N� � . 0 , RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - • • 5. In 1975, a lot area variance was approved for the property to construct a residence. A condition of that approval required that the non-conforming accessory structure be removed prior to the issuance of the Certificate of Occupancy. 6. The City failed to enforce or implement the removal of the structure upon the issuance of a Certificate of Occupancy for the new residence. 7. The structure received minimal repair and use from 1975 to the present. 8. The applicants purchased the property in 1989 unaware of the unique history of the structure nor of the City's policy regarding the repair of structures that are located within the lakeshore protected area (within 75' of the 929.4' elevation) . 9. The applicants performed major repairs to the structure including the construction of a lakeside deck, hard board siding to the upper level and the installation of windows. 10. The Orono Planning Comanission reviewed this application on January 16, 1990 and recommended approval of the after- the-fact variances based upon the following findings: A) The building has existed on the property for over 40 years. B) The structure appears to be in good condition and is used as a supportive/accessory use and not as a second residential unit. 11. On March 12, 1990 the Orono Council conceputally approved the after-the-fact variances based on the following findings: A) The foundation of the structure provides stability and support of the lakeshore bank. B ) The structure has existed on the property undetected for over 15I years. C) The applicants h d no knowledge of the original requirement that the structure was to be removed nor that the City requires special approvals before structures within thle lakeshore protected area can receive major or minor structural repair. Page 2 of 5 ,_ 1 Clt� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - • s D) Terry W. Duffy, a professional engineer, in a reported dated April 18, 1990 , found the structure to be in sound structural condition. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the hea lth, safety and welfare of the community. 13. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants , but is necessary to alleviate a demonstrable hardship or difficulty ; is necessary to preserve a substantial property right of the � applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants after-the-fact variances to Municipa 1 Zoning Code Section 10.22, Subdivisions 1 and 2 to permit certain structural repairs to a two-story detached accessory structure used as a three season porch and storage area and approves the instal lation of a lakeshore deck located 6' from the west side lot line and 4' from the lakeshore where no structures are allowed, subject to the following conditions: 1. Applicants shall obtain a building permit for the remodel/structural work done to the detached accessory structure. 2. No structura 1 repairs sha11 be approved for this structure. This sha 11 include remedia 1 or tota 1 repair to the masonry wall foundation, repair of rafters, posts beams or jaists. Page 3 of 5 C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2806 s - s s 3. The detached lakeshore accessory structure shall not be provided with heating or plumbing facilities, nor sha11 the structure be allowed the use of a cooking stove. A sinqle refrigerator is approved for use of applicants and future owners. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within ten days of the date of Council approval , or this variance will expire on that date (June 8, 1990). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a, violation of the zoning code, sha 1 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. „_Adopted by the City Council of the City of Orono, Minnesp�,� at;a regular meeting held on the 29th day of May, 1990. `•��"��.�,,j; ' ��! :� �, � AT �y' �+ °,.�_�,:� �x�,.� ,� , �.i !�'_, 1 Ft" v: �� -. '�F. � � y�:.-u1 , 4 �.. i'��Sr � _ . �: � - �� r f ` , Qth� ,. a'��in, City Clerk Jam s R. Grabek�- Mayor , ;., .s ';;�, ' _. ,:.r .-�'.i11 `�r� ! '_�_ '',", ..'_�-.�:�i:";..:'" � 7 rty Owner s Page 4 of 5 � City o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - • • STATE OF MINNESOTA ) ) ss . . _ COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. THERESA L. NAAB NOTARV P�B��C " M�NNESOTA � �iENNEPIN COUNTY � My pommisaion exPiros�-92 < Notary Pub ic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 0 n t h i s /,j� d a y o f �U.�.2, , 19 9 D before me a Notary Public within and for said county, personally appeared / ci�✓�r, �� na f .��1-�Gc�-� known to me to be the p r on(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. THERESA L. NAAB �; NOTARY PUBUC- MINNESOTA � ±-_ �,, HENNEPIN COUNTY I�Ay oor�Msa�on�xpkos 9�8-92 � NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �/��" day of �J(,�/ti...Q , 199� , before me a Notary Pu ic within and for said County, personally appeared "}�r � � known to me to be t e per n ( s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � � �� /� THERESA �•MINNE OTA � ` �'V��liC,�^- N�ARY pUB� COUNTY NOT R PUBLIC HENNEPIN '�' Ny �,mi,�on �a�ros 9-e-�z P a ge 5 �o f 5 Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - � • - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin instrument was acknowledged before me on this 29th day of �aY , 19 90 , by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public THERE3A L NAAB � �qpy PUBUC-MINNESOTA �E�rt,��ae�tuo e p�a�s sTs s2 Page 6 RESOLUTION #2806 STATE OF MINNESOTA` ) ' : ) COUNTY OF HENNEPIN ) ) � CITY OF ORONO ) � I Dorothy M. Hallin , City Clerk of the City of Orono � Hennepin County. Minnesota, do hereby certify that I have compared the foregoing aopy of a resolution of the City Cauncil ef the City of Orono with the original record of such resolution in the Minutes of the proceedings of said� City Council at a meeting of said City Council held � an May 2g , 19 90 , and that the same is a true and correct copy o.f said resolution was duly adopted by said City Council at said meeting. . In Witness Whereof , I have hereunto set my hand and seal this 15th � day of August � � 19 90 � `, ` orothy M. a in� City Clerk :_�� , < , � � } 4�r` � . \ e�v i " G j,-. , 1 fSFAL7a F ,� ,, x � + ; � ,:;� , � ,�,:{ r� , . . 'h� F x t a� . . .- .. ." .. _.. _ .�. . � - �.`�2 '`7.: � ... . . 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